concurrent estates

Question 1

tenant in common

Answer 1

tenant may freely devise interest to anyone w/o affecting other tenants rights

Question 2

joint tenancy

Answer 2

must say right of survivorship

Question 3

JT unities

Answer 3

equal right to possession

equal share

receive interest at same time

receive interest from same doc

Question 4

what if you dont mention right of survivorship?

Answer 4

creates a TIC

Question 5

what happens if one joint tenant kills another?

Answer 5

murderer treated as predeceasing the victim

property to V’s heirs as FSA

Question 6

tenancy by the entirety

Answer 6

does not require “right of survivorship” language

must be married at conveyance

Question 7

what if one TBTE tries to encumber the property without the other spouse consent?

Answer 7

estoppel by deed

only applies between grantor and grantee

once they get divorced, bank lien has no effect on the spouse

Question 8

what happens to the TBTE at divorce?

Answer 8

becomes tenancy in common

Question 9

can one TBTE alienate or encumber the property without other spouse consent?

Answer 9

no